Category Archives: Search and Seizures
The Importance of a Probable Cause Affidavit in Texas Criminal Defense
If you asked most criminal defense attorneys to rank the most important documents in a drug possession or sexual assault case, you’d probably hear about the indictment, offense report, lab results, body camera footage, or witness statements. While all of these matter, I believe one document stands above the rest: the probable cause affidavit. As…
Five Things To Know About a Texas Search Warrant Before You’re Served
Key takeaways: In any law enforcement investigation, the officers, deputies, or agents must build a case and this usually requires search warrants to seize evidence for use by the prosecution. The search warrant must be supported by a sworn affidavit signed by law enforcement that explains there is probable cause to invade your privacy and…
Drug Manufacture or Delivery in Texas: Things You Need to Know
There are some things, either grown or man-made, that are considered illegal under either state or federal law. In legal lingo, they are called “controlled substances.” Just having them in your possession can get you arrested. However, if you go the next step and try to make money with them, either in the manufacture of…
Wrong House Raid: Will FBI Be Held Liable for Damages by SCOTUS in Martin?
The increasing reliance on technology as well as mistakes in identifying the proper person before taking action by law enforcement are two growing concerns for more false arrests and even false imprisonment from the perspective of criminal defense attorneys. Right now, SCOTUS is considering a significant case rooted in civil injury law but with resounding…
Admissibility of Digital Data: Use of Electronic Evidence in Federal Criminal Case
Digital data, or electronic data, is a common focus in most federal prosecutions today here in Texas. Our previous article discussed some criminal defense concerns regarding how in the discovery process investigators can search and seize this type of potential evidence in breach of the constitutional protections provided by the Fourth Amendment. Discovery, of course,…
Digital Data and the Fourth Amendment Prohibition Against Illegal Search and Seizure
Defense Discovery Concerns Regarding Digital Investigations The Fourth Amendment of the United States Constitution, ratified on December 15, 1791, establishes the protection for every U.S. citizen against unreasonable searches and seizures by the government. It states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and…
Thirteen Significant New Texas Criminal Laws Effective in 2023
Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations. From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…
Cryptocurrency and Money Laundering: Digital Money Felony Arrests
Operation Crypto Runner here in Texas is one example of federal focus on crypto crime. Money mules here in Texas can face very serious felony charges, even if they were unwilling or clueless participants in an illegal scheme that usually involves money laundering. Marks can still get arrested: that is where an experienced criminal defense…
Encryption and Law Enforcement Investigations: Police Access to Encrypted Data
Last month, Apple announced its new end-to-end encryption for data stored by its customers in iCloud, Apple’s cloud storage service. It’s being heralded as “police-proof” in the media. Read, “Apple Set to Launch New, Police-Proof, Full End-to-End Encryption,” written by the Associated Press and published in the Daily Sabah on December 9, 2022. Apple explains…
Ring Cameras and Police Surveillance: Growing Police Power Privacy Concerns
Ring camera videos on YouTube can be fun: there are bears in backyard pools and cute kids in doorways. However, from a criminal defense standpoint, the growing temptation for law enforcement to access Ring doorbell recordings (audio and/or video) in their criminal investigations is troublesome. When it happens without (1) the Ring owner’s consent or…
